Case Digest (G.R. No. L-52359)
Facts:
- In "Asuncion v. Plan" (G.R. No. L-52359), decided on February 24, 1981, petitioners Federico Asuncion, Felomena Asuncion, Ceferino Asuncion, and Romana Agustin sought a writ of certiorari and mandamus.
- They aimed to compel Judge Andres Plan to issue an alias writ of execution in Special Civil Action No. BR. II-8 of the Court of First Instance of Isabela.
- The case originally involved a partition of real property between Mariano Asuncion and Pedro S. Beltran.
- The revised partition, approved on October 13, 1973, required Pedro Beltran to deliver possession of 24 hectares of land to Mariano Asuncion, the petitioners' predecessor-in-interest.
- The actual possessors and/or tillers of the land, who were the private respondents, had executed lease contracts with Federico Asuncion on January 30, 1974, and April 16, 1974.
- These contracts placed the petitioners in constructive possession of the land, fulfilling the revised partition's requirements.
- The petitioners sought an alias writ of execution to enforce the revised partition, alleging that the respondents-lessees failed to pay the agreed rentals.
- The lower court denied this motion on November 3, 1978, as the respondents-lessees were not parties to the original partition case.
Issue:
- (Unlock)
Ruling:
- No, an alias writ of execution cannot be issued to enforce the revised partition because the respondents-lessees were not parties to the original partition case.
- No, the alleged failure of the respondents-less...(Unlock)
Ratio:
- The Supreme Court, through Justice Abad Santos, held that the enforcement of the revised partition had already been accomplished through the lease contracts executed on January 30, 1974, and April 16, 1974.
- These contracts placed the petitioners in constructive possession of the 24 hectares of land, fulfilling the requirements of the revised partition.
- Issuing an alias writ of execution would be redundant and unnecessary.
- Th...continue reading
Case Digest (G.R. No. L-52359)
Facts:
In the case of "Asuncion v. Plan" (G.R. No. L-52359), decided on February 24, 1981, the petitioners Federico Asuncion, Felomena Asuncion, Ceferino Asuncion, and Romana Agustin sought a writ of certiorari and mandamus to compel the respondent judge, Honorable Andres Plan, to issue an alias writ of execution in Special Civil Action No. BR. II-8 of the Court of First Instance of Isabela. This case originally involved a partition of real property between Mariano Asuncion and Pedro S. Beltran. The revised partition, approved on October 13, 1973, required Pedro Beltran to deliver possession of 24 hectares of land to Mariano Asuncion, the predecessor-in-interest of the petitioners. However, the actual possessors and/or tillers of the land, who were the private respondents in this case, had already executed lease contracts with Federico Asuncion on January 30, 1974, and April 16, 1974. These contracts effectively placed the petitioners in constructive possession of the land, fulfilling the revised partition's requirements. The petitioners sought an alias writ of execution to enforce the revised partition, alleging that the respondents-lessees failed to pay the agreed rentals. The lower court denied this motion ...